- (1.) Learned Additional Sessions Judge, Srikaranpur, District Sriganganagar through his letter dated 22.11.2010 has submitted a reference under subsection(1) of Section 366 Cr.P.C. for confirmation of death sentence passed by him against accused Vedprakash @ Vedia son of Shri Omprakash, by caste Kumhar, resident of Surjit Singh Colony, Sriganganagar, at present lodged at Central Jail, Sriganganagar. The death sentence is awarded as a consequent to the conviction of accused Vedprakash @ Vedia for the offence punishable under Section 302 Indian Penal Code.
(2.) The reference made by learned Additional Sessions Judge is registered as D.B. Criminal Murder Reference No.03/2010. To challenge the conviction recorded and sentence awarded, the accused has also filed two appeals, one through his counsel and second through the jail authorities. Suffice to mention here that convict Vedprakash @ Vedia was absconding after commission of crime, therefore, the co-accused persons viz. Lalchand @ Lalia and Shivlal @ Shivla were separately tried by learned Additional Sessions Judge (Fast Track), Sriganganagar and death sentence was awarded to them also on being convicted for the offence punishable under Section 302 Indian Penal Code under the judgment dated 18.6.2003. The death reference made by learned Additional Sessions Judge (Fast Track), Sriganganagar as a consequent to the judgment dated 18.6.2003 was registered by this Court as D.B. Criminal Murder Reference No.01/2003. The appeals filed against the judgment dated 18.6.2003 by accused Lalchand @ Lalia and Shivlal @ Shivla too were heard with murder reference No.01/2003 and were disposed of simultaneously. The Division Bench in the murder reference referred above confirmed the sentence and dismissed the appeals preferred by Lalchand @ Lalia and Shivlal @ Shivla. Hon'ble the Supreme Court also confirmed the capital sentence by rejecting the appeals preferred by Lalchand @ Lalia and Shivlal @ Shivla.
(3.) So far as accused Vedprakash @ Vedia is concerned, he was arrested after completion of trial against Lalchand @ Lalia and Shivlal @ Shivla, therefore, he was tried independently. The evidence against Vedprakash @ Vedia, as a matter of fact is exactly of same nature as that was for the co-accused persons. At the threshold it is pointed out by counsel for the parties that Her Excellency the President of India, while exercising powers conferred by Article 72 of the Constitution of India, has already granted pardon to Lalchand @ Lalia and Shivlal @ Shivla by modifying the death sentence to life imprisonment without any shortening therein. Shri HSS Kharlia, learned Senior Advocate, appearing on behalf of accused Vedprakash @ Vedia, quite fairly and in most unambiguous terms stated that in no manner the case of this accused can be distinguished with co-accused to whom pardon has been granted, thus, he has confined his argument to the extent of modification of the death sentence in the same terms as made in the case of Lalchand @ Lalia and Shivlal @ Shivla.;